Federal Way man pleads not guilty in infant son's death in fire pit

After first indicating Wednesday that he wanted to plead guilty, a Federal Way man pleaded not guilty to a second-degree manslaughter charge in the death of his infant son in a backyard fire pit.

Family members watched the court proceedings in tears, then crowded up to wave their support to Alberto Rios as he was led away by jail guards.

An attorney who represented Rios, 38, said before a morning arraignment that he wanted to accept responsibility and plead guilty before prosecutors could amend the case with more severe charges. But after reading a letter at a hearing Wednesday afternoon in which the King County Prosecuting Attorney's Office assured Rios' attorneys there were no plans to file more charges and urged Rios to take more time considering his case, Rios' attorneys entered a not-guilty plea for him.

Rios still can enter a guilty plea as early as today if he talks it over with his attorneys and decides that's what he wants, Senior Deputy Prosecuting Attorney Steven Kim said.

Rios was represented by different attorneys from the same organization in the morning and afternoon sessions.

Defense attorney Julie Lawry had said Wednesday morning that Rios wanted to bring a quick end to the legal proceedings that followed the death of his 7-month-old son, Diego Alberto Rios-Santana.

"He's devastated," she said.

Police were called to Rios' home in the 2600 block of Southwest 333rd Place at 12:02 a.m. June 22.

Rios told police he fell asleep on a bench near the fire pit with Diego on his chest. When he awoke, he said, he found his son dead in the fire pit.

Rios was arrested two days later.

According to court documents, Rios and his wife, Maria Santana, hosted a party at their home on the night of June 21. A next-door neighbor said the couple had a fire burning in a backyard fire pit.

Court documents say after guests left, Diego was crying and Rios' wife told Rios she believed the baby was getting sick.

Rios said he would take the baby outside to sleep with him and his 4-year-old daughter accompanied him, according to court documents. When he awoke around midnight, his daughter and infant son were gone.

That's when he found the baby in the fire pit, court documents say. Police found Rios cradling his son by the fire pit, crying hysterically, according to court documents.

Rios told police he drank between three and six beers during the party at his house that night, and was tired from working all day, court documents say.

The King County Medical Examiner's Office said Diego died of smoke inhalation and burns to his entire body.

Rios, who has used different aliases and birth dates in the past, has been deported to his native Mexico three times — in 1994, 1996 and in 2001, Immigration and Customs Enforcement officials said.

Rios was convicted of four cocaine-related charges between 1991 and 1994 and of marijuana possession in 1990, court documents say.

He faces 21 to 27 months in prison if convicted as charged.

Natalie Singer: 206-464-2704 or nsinger@seattletimes.com

Staff writer Leslie Anne Jones contributed to this report.